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GADINANCE NO. 2729 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, MARICOPA COUNTY ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA, BY TRANSFERRING CERTAIN PROPERTY CONSISTING OF APPROXIMATELY 0.683 ACRES OF 148TH STREET RIGHT-OF- WAY, GENERALLY LOCATED FROM BROOKS FARM ROAD TO CHANDLER HEIGHTS ROAD, CONTINGENT UPON DEANNEXATION BY THE CITY OF CHANDLER AND APPROVAL BY THE MARICOPA COUNTY BOARD OF SUPERVISORS, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY WHEREAS, A.R.S. § 9-471.02 provides a method for deannexation of land from one municipality and the annexation to another municipality; and WHEREAS, it is the desire of the Town of Gilbert to annex into the Town certain territory now within the corporate limits of the City of Chandler; and WHEREAS, the territory proposed to be annexed into the Town of Gilbert is contiguous to the corporate limits of the Town of Gilbert; and WHEREAS, Gilbert consents to and approves of the proposed transfer contingent upon approval by the Maricopa County Board of Supervisors pursuant to the provisions of A.R.S.§ 9-471(D); NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. In General. 1. Pursuant to the provisions of A.R.S. § 9-471.02; and contingent upon deannexation by the City of Chandler and approval by the Maricopa County Board of Supervisors, the area legally described in Exhibit 1, attached hereto, which is adjacent to the corporate limits of the Town of Gilbert, shall be transferred to the Town of Gilbert, and the Town of Gilbert corporate limits shall be extended and increased to include the right-of-way as shown on the map of the boundaries, attached hereto as Exhibit 2. The transfer to the Town shall be treated as newly annexed territory. Ordinance No. 2729 Page 2 of 3 2. A copy of this Ordinance, together with documentation of deannexation by the City of Chandler and approval by the Maricopa County Board of Supervisors and an accurate map of the area to be transferred to the Town of Gilbert shall be filed and recorded in the Office of the County Recorder of Maricopa County, Arizona and sent to the Clerk of the Maricopa County Board of Supervisors. Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 19 th day of September, 2019. AYES: Anderson, Cook, Peterson, Daniels, Ray, Taylor NAYES: ABSENT: Yentes EXCUSED: ABSTAINED: APPROVED this 19TH (lz Lix\ll.1 Iown Clerk APPROVED AS TO FORM: ChristopheVW. Payne, Town Attorney Ordinance No. 2729 Page 3 of 3 I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE 0' INANCE NO. 2729 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 19 TH DAY OF SEPTEMBER, 2019, WAS POSTED IN FOUR PLACES ON THE 26 DAY OF September 2019. It?. Lisa .F.,17,155,-N11. Town Clerk The following exhibits are attached hereto and incorporated herein: 1. Exhibit 1 - Legal Description 2. Exhibit 2 - Map EXHIBIT 1 Legal Description Hamstra Dairy Annexation of 148th Street Job No. 17-144 June 11, 2019 A portion of the southwest quarter of Section 20, Township 2 South, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at a brass cap in handhole at the south quarter-corner of said Section 20, from which a rebar with cap "RLS 42937" at the center quarter-corner of said Section 20 bears North 0 degrees 01 minutes 31 seconds West, 2642.29 feet; thence along the east line of said southwest quarter, North 0 degrees 01 minutes 31 seconds West, 55.00 feet to the POINT OF BEGINNING; thence South 89 degrees 37 minutes 54 seconds West, 42.00 feet; thence North 44 degrees 48 minutes 11 seconds East, 42.55 feet; thence North 0 degrees 01 minutes 31 seconds West, 63.45 feet; thence North 1 degrees 19 minutes 23 seconds East, 85,02 feet; thence North 0 degrees 01 minutes 31 seconds West, 959.10 feet; thence North 7 degrees 23 minutes 57 seconds West, 85.71 feet; thence North 0 degrees 01 minutes 31 seconds West, 202.01 feet; thence North 7 degrees 20 minutes 54 seconds East, 85.71 feet; thence North 0 degrees 01 minutes 31 seconds West, 1077.76 feet to a point on the north line of said southwest quarter; thence along said north line, North 89 degrees 44 minutes 40 seconds East, 10.00 feet to said center quarter-corner; EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 S:\projects\2017\17-144\Legal Survey\Legals\17-144 Annexation of 148th Street.docx thence along said east line, South 0 degrees 01 minutes 31 seconds East, 2587.29 feet to the POINT OF BEGINNING. Contains 0.6830 acres, more or less. EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 S: \projects\2017\17-144\Legal Survey\Legals\17-144 Annexation of 148th Street.docx EXHIBIT 2 N89'44'40"E 2627.87' N89'44'40 HE 10, 00' — CENTER QUARTER-CORNER WEST QUARTER-CORNER N 001 131 1'W 1077.76' SECTION 20, T2S, R6E SECTION 20, T2S, R6E - REBAR WITH CAP HRLS 42937" BRASS CAP IN HANDHOLE 10' N7'2054" E 85.71' N0'01'31 n W 202,01' Nzr N7'23'57"W 85.71' 1 0' N0'01'31”W 959.10' VARIES N0'01'31"W 63.45' SOUTHWEST CORNER - SECTION 20, T2S, R6E N 4448'11" E 42,55' POINT OF BEGINNING BRASS CAP IN HANDHOLE POINT OF COMMENCEMENT SOUTH QUARTER-CORNER 1,-) u) S8937'54"W 42.00'- SECTION 20, T2S, R6E BRASS CAP IN HANDHOLE S89'37'54"W 2654,96' CHANDLER lEI,GHTS RD. 55.00' www.epsgroupinc,com ANNEXATION OF 148TH STREET HAMSTRA DAIRY